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Convention on Psychotropic Substances

The Convention
allows medical and scientific uses of Schedule I drugs. The World Health Organization
Expert Committee that recommended in 1985 that MDMA be placed in Schedule I internationally
included a statement urging signatory nations to the Convention on
Psychotropic Substances "to facilitate research on this interesting
substance."

On February 21, 1971, a conference of plenipotentiaries in Vienna signed a new Convention worded to
potentially include almost any conceivable mind-altering substance.
The Convention, which contains import and export restrictions and
other rules aimed at limiting drug use to scientific and medical
purposes, came into force on August 16, 1976. Today, 175 nations
are Parties to the treaty. Many laws have been passed to implement
the Convention, including the U.S. Psychotropic
Substances Act, the UK Misuse of Drugs Act 1971, and
the Canadian Controlled Drugs and
Substances Act. Like the treaty itself, these statutes usually
divide drugs into several classes or Schedules.

History

International drug control began with the 1912 International Opium
Convention, a treaty which adopted import and export
restrictions on the opium poppy's psychoactive derivatives.
Over the next half-century, several additional treaties were
adopted under League of Nations auspices, gradually
expanding the list of controlled substances to encompass cocaine and other drugs and
granting the Permanent
Central Opium Board power to monitor compliance. After the United Nations
was formed in 1945, those enforcement functions passed to the
UN.

In 1961, a conference of plenipotentiaries in New York adopted the Single Convention on
Narcotic Drugs, which consolidated the existing drug control
treaties into one document and added cannabis to the list of prohibited plants. In
order to appease the pharmaceutical interests, the Single
Convention's scope was sharply limited to the list of drugs
enumerated in the Schedules annexed to the treaty and to those
drugs determined to have similar effects.

During the 1960s, drug use increased in Western developed
nations. Young people began using hallucinogenic, stimulant, and
other drugs on a widespread scale, that has continued to the
present. In many jurisdictions, police had no laws under which to
prosecute users and traffickers of these new drugs; LSD, for instance, was not
prohibited federally in the U.S. until 1967.

In 1968, "[d]eeply concerned at reports of serious damage to
health being caused by LSD and similar hallucinogenic substances,"
the UN
Economic and Social Council passed a resolution calling on
nations to limit the use of such drugs to scientific and medical
purposes and to impose import and export restrictions.[1] Later
that year, the UN General
Assembly requested that ECOSOC call upon the Commission on Narcotic
Drugs to "give urgent attention to the problem of the abuse of
the psychotropic substances not yet under international control,
including the possibility of placing such substances under
international control".[2]

Circa 1969, with use of stimulants growing, ECOSOC noted with
considerable consternation that the Commission "was unable to reach
agreement on the applicability of the Single Convention on Narcotic
Drugs, 1961 to these substances".[3] The
language of the Single Convention and its legislative history
precluded any interpretation that would allow international
regulation of these drugs under that treaty. A new convention, with
a broader scope, would be required in order to bring those
substances under control. Using the Single Convention as a
template, the Commission prepared a draft convention which was
forwarded to all UN member states. The UN Secretary-General scheduled a conference
for early 1971 to finalize the treaty.[4]

Meanwhile, countries had already begun passing legislation to
implement the draft treaty. In 1969, Canada added Part IV to its Food and
Drugs Act, placing a set of "restricted substances," including
LSD, DMT, and
MDA,
under federal control. In 1970, the United States completely
revamped its existing drug control laws by enacting the Controlled Substances Act
(amended in 1978 by the Psychotropic
Substances Act, which allows the U.S. drug control Schedules to
be updated as needed to comply with the Convention). In 1971, the
United Kingdom passed the Misuse of Drugs Act 1971. A
host of other nations followed suit. A common feature shared by
most implementing legislation is the establishment of several
classes or Schedules of controlled substances, similarly to the
Single Convention and the Convention on Psychotropic Substances, so
that compliance with international law can be assured simply by
placing a drug into the appropriate Schedule.

The conference convened on January 11, 1971. Nations split into
two rival factions, based on their interests. According to a Canadian Senate report, "One group included
mostly developed nations with powerful pharmaceutical industries
and active psychotropics markets . . . The other group consisted of
developing states...with few psychotropic manufacturing
facilities".[5]
The organic drugmaking states that had suffered economically from
the Single Convention's restrictions on cannabis, coca, and opium, fought for tough regulations on synthetic
drugs. The synthetic drug-producing states opposed those
restrictions. Ultimately, the developing states' lobbying power was
no match for the powerful pharmaceutical industry's, and the
international regulations that emerged at the conference's close on
February 21 were considerably weaker than those of the Single
Convention.

The Convention's adoption marked a major milestone in the
development of the global drug control regime. Over 59 years, the
system had evolved from a set of loose controls focused on a single
drug into a comprehensive regulatory framework capable of
encompassing almost any mind-altering substance imaginable.
According to Rufus King, "It covers such a grab-bag of natural and
manufactured items that at every stage of its consideration its
proponents felt obliged to stress anew that it would not affect
alcohol or tobacco abuse."[6]

Schedules of Controlled
Substances

The list of Schedules and the substances presently therein
can be found on the International Narcotics Control Board's
website.[7]

The Convention has four Schedules of controlled substances,
ranging from Schedule I (most restrictive) to Schedule IV (least
restrictive). A list of psychotropic substances, and their
corresponding Schedules, was annexed to the 1971 treaty. A 2002
European Parliament report describes the Schedules as follows:[8]

Schedule I includes drugs claimed to create a
serious risk to public health, whose therapeutic value is not
currently acknowledged. It includes synthetic psychedelics
such as LSD in
addition to natural psychedelics like DMT. MDMA, commonly known as Ecstasy, also falls under this category as does
THC.

Schedule IV includes some weaker barbiturates
and other hypnotics, hypnotic and anxiolyticbenzodiazepines
(except flunitrazepam, temazepam, nimetazepam), and some weaker
stimulants.

A 1999 UNODC report notes that Schedule I is a completely
different regime from the other three. According to that report,
Schedule I mostly contains hallucinogenic
drugs such as LSD that are produced by illicit
laboratories, while the other three Schedules are mainly for
licitly produced pharmaceuticals. The UNODC report[9] also
claims that the Convention's Schedule I controls are stricter than
those provided for under the Single Convention, a contention that
seems to be contradicted by the 2002 Canadian Senate[5]
and 2003 European Parliament reports.[10]

Although estimates and other controls specified by the Single
Convention are not present in the Convention on Psychotropic
Substances, the International
Narcotics Control Board corrected the omission by asking
Parties to submit information and statistics not required by the
Convention, and using the initial positive responses from various
organic drug producing states to convince others to follow.[11] In
addition, the Convention does impose tighter restrictions on
imports and exports of Schedule I substances. A 1970 Bulletin on Narcotics report
notes:[12]

LSD, mescaline, etc., are controlled in a way which is more
stringent than morphine under the narcotics treaties. Article
7, which sets down this regime, provides that such substances
can only be moved in international trade when both exporter and
importer are government authorities, or government agencies or
institutions specially authorized for the purpose; in addition to
this very rigid identification of supplier and recipient, in each
case export and import authorization is also mandatory.

Scheduling
process

Article
2 sets out a process for adding additional drugs to the
Schedules. First, the World Health Organization
(WHO) must find that the drug meets the specific criteria set forth
in Article 2, Section 4, and thus is eligible for control. Then,
the WHO issues an assessment of the substance that includes:

The extent or likelihood of abuse,

The degree of gravity in the public health and social
problem,

The degree of utility of the substance in legitimate medical
therapy, and

Whether international control measures as provided in the
treaty would be appropriate and useful.

If the World Health Organization finds: (a) That the
substance has the capacity to produce (i) (1) A state of
dependence, and (2) Central nervous system stimulation or
depression, resulting in hallucinations or disturbances in motor
function or thinking or behaviour or perception or mood, or (ii)
Similar abuse and similar ill effects as a substance in Schedule I,
II, III or IV, and (b) That there is sufficient evidence that the
substance is being or is likely to be abused so as to constitute a
public health and social problem warranting the placing of the
substance under international control, the World Health
Organization shall communicate to the Commission an assessment of
the substance, including the extent or likelihood of abuse, the
degree of seriousness of the public health and social problem and
the degree of usefulness of the substance in medical therapy,
together with recommendations on control measures, if any, that
would be appropriate in the light of its assessment.

The Commentary gives alcohol and tobacco as examples of
psychoactive drugs that were deemed to not fit the above criteria
by the 1971 Conference which negotiated the Convention. Alcohol can
cause dependence and central nervous depression resulting in
disturbances of thinking and behavior, furthermore alcohol causes
similar effects as barbiturates, alcohol causes very serious
"public health and social problems" in many countries, and also
alcohol has minimal use in modern medicine. Nevertheless, according
to the Commentary:

Alcohol does not 'warrant' that type of control because it
is not 'suitable' for the regime of the Vienna Convention. It
appears obvious that the application of the administrative measures
for which that treaty provides would not solve or alleviate the
alcohol problem.

Similarly, tobacco can cause dependence and has little medical
use, but it was not considered to be a stimulant or depressant or
to be similar to other scheduled substances. Most important,
according to the Commentary:

[Tobacco] is not suitable for the kinds of controls for
which the Vienna Convention provides, and which if applied would
not make any useful impact on the tobacco problem. That problem,
however serious, therefore does not 'warrant' the placing of
tobacco 'under international' control, i.e. under the Vienna
Convention.

The Commission on Narcotic
Drugs makes the final decision on whether to add the drug to a
Schedule, "taking into account the communication from the World
Health Organization, whose assessments shall be determinative as to
medical and scientific matters, and bearing in mind the economic,
social, legal, administrative and other factors it may consider
relevant". A similar process is followed in deleting a drug from
the Schedules or transferring a drug between Schedules. For
instance, at its 33rd meeting, the WHO Expert Committee on Drug
Dependence recommended transferring tetrahydrocannabinol to Schedule
IV of the Convention, citing its medical uses and low abuse
potential.[13]
However, the Commission on Narcotic Drugs has decline to vote on
whether to follow the WHO recommendation and re-schedule
tetrahydrocannabinol.

In the event of a disagreement about a drug's Scheduling,
Article 2, Paragraph 7 allows a Party to, within 180 days of the
communication of the Commission's decision, give the UN Secretary-General "a written notice
that, in view of exceptional circumstances, it is not in a position
to give effect with respect to that substance to all of the
provisions of the Convention applicable to substances in that
Schedule." This allows the nation to comply with a less stringent
set of restrictions. The U.S. Controlled Substances Act's
21 U.S.C. § 811(d)(4) implies that placing a drug in
Schedule IV or V of the Act is sufficient to "carry out the minimum
United States obligations under paragraph 7 of article 2 of the
Convention".[14] This
provision, which calls for temporarily placing a drug under federal
drug control in the event the Convention requires it, was invoked
in 1984 with rohypnol. Long before abuse of the drug was
sufficiently widespread in the United States to meet the Act's drug
control criteria, rohypnol was added to the Schedules of the
Convention on Psychotropic Substances, and the U.S. government had
to place rohypnol in Schedule IV of the Controlled Substances Act
in order to meet its minimum treaty obligations.[15]

As of March 2005, 111 substances were controlled under the
Convention.

World
Health Organization evaluations of specific drugs

Ephedrine

In 1998, ephedrine
was recommended for control under the Convention. The Dietary
Supplement Safety and Science Coalition lobbied against control,
stressing the drug's history and safety, and arguing that
"ephedrine is not a controlled substance in the US today, nor
should it be internationally".[16] After
a two-year debate, the Expert Committee on Drug Dependence decided
against regulating ephedrine. However, the Commission on Narcotics
Drugs and the International Narcotics Control Board listed the drug
as a Table I precursor under the
United Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances, a move that did not require WHO
approval.

Despite its well-known presence in the rave scene, ketamine, or Special K,
remains uncontrolled internationally due to its importance as an anesthetic in veterinary
medicine.

Ketamine

The Expert Committee on Drug Dependence cautiously began
investigating ketamine at
its thirty-third meeting, noting, "Its use in veterinary medicine
must also be considered in relation to its control".[17]
Ketamine remains uncontrolled internationally, although many
nations have enacted restrictions on the drug.

MDMA

The Expert Committee's evaluation of MDMA, or Ecstasy, during its twenty-second meeting
was marked by pleas from doctors to allow further research into the
drug's therapeutic uses. The UN was under considerable pressure
from the United States government to control the drug in the wake
of extensive seizures of the drug by American authorities. Paul Grof, chairman of the
Expert Committee, argued that international control was not yet
warranted, and that scheduling should be delayed pending completion
of more studies. The Expert Committee concluded that because there
was "insufficient evidence to indicate that the substance has
therapeutic usefulness," it should be placed in Schedule I.
However, its report did recommend more MDMA research:[18]

It should be noted that the Expert Committee held extensive
discussions concerning therapeutic usefulness of 3,4
Methylenedioxymethamphetamine. While the Expert Committee found the
reports intriguing, it felt that the studies lacked the appropriate
methodological design necessary to ascertain the reliability of the
observations. There was, however, sufficient interest expressed to
recommend that investigations be encouraged to follow up these
preliminary findings. To that end, the Expert Committee urged
countries to use the provisions of Article
7 of the Convention on Psychotropic Substances to facilitate
research on this interesting substance.

MBDB

MBDB
(Methylbenzodioxolylbutanamine) is an entactogen with similar effects
to MDMA. The thirty-second meeting
of the WHO Expert Committee on Drug Dependence (September 2000)
evaluated MBDB and recommended against scheduling.[19]

From the WHO Expert Committee assessment of MBDB:

Although MBDB is both structurally and pharmacologically
similar to MDMA, the limited available data indicate that its
stimulant and euphoriant effects are less pronounced than those of
MDMA. There have been no reports of adverse or toxic effects of
MBDB in humans. Law enforcement data on illicit trafficking of MBDB
in Europe suggest that its availability and abuse may now be
declining after reaching a peak during the latter half of the
1990s. For these reasons, the Committee did not consider the abuse
liability of MBDB would constitute a significant risk to public
health, thereby warranting its placement under international
control. Scheduling of MBDB was therefore not
recommended.

Methcathinone

Circa 1994, the United States government notified the UN Secretary General that it supported
controlling methcathinone, an addictive stimulant
manufactured with common household products, as a Schedule I drug
under the Convention. The FDA report warned of the drug's dangers,
even noting that addicts in Russia were observed to often have "potassium permanganate burns on
their fingers" and to "tend not to pay attention to their
appearance, thus looking ragged with dirty hands and hair".[20] With
methcathinone having no medical use, the decision to place the drug
in Schedule I was uncontested.

Nicotine

Traditionally, the UN has been reluctant to control nicotine and other drugs
traditionally legal in Europe and North America, citing tolerance
of a wide range of lifestyles. This contrasts with the regulatory
regime for other highly addictive drugs. Gabriel Nahas, in a
Bulletin on Narcotics report,
noted:[21]

Some addictive drugs such as nicotine or caffeine (in
moderate amounts) and alcohol (in small amounts) do not produce any
measurable symptoms of neuropsychological toxicity. Some
pharmacologists have associated the symptoms of neuropsychological
toxicity with behavioural toxicity, which include in addition:
suppression of normal anxiety, reduction in motivation and
non-purposive or inappropriate behaviour. However, the latter
behavioural symptoms do not present "markers" which may be
measurable in societies accepting as "normal" a wide range of life
styles.

Nonetheless, in October 1996, the Expert Committee considered
controlling nicotine, especially products such as gum, patches,
nasal spray, and inhalers.[22] The
UN ultimately left nicotine unregulated. Since then, nicotine
products have become even more loosely controlled; Nicorette gum, for
instance, is now an over-the-counter drug in the
United States.

Tetrahydrocannabinol

Tetrahydrocannabinol (THC), the
main active ingredient in cannabis, was originally placed in Schedule I
when the Convention was enacted in 1971. At its twenty-sixth
meeting, in response to a 1987 request from the Government of the
United States that THC be transferred from Schedule I to Schedule
II, the WHO Expert Committee on Drug Dependence recommended that
THC be transferred to Schedule II, citing its low abuse potential
and "moderate to high therapeutic usefulness" in relieving nausea
in chemotherapy patients. The Commission on Narcotic Drugs rejected
the proposal. However, at its twenty-seventh meeting, the WHO
Expert Committee again recommended that THC be moved to Schedule
II. At its 45th meeting, on April 29, 1991, the Commission on
Narcotic Drugs approved the transfer of dronabinol and its
stereochemical variants from Schedule I to Schedule II of the
Convention, while leaving other tetrahydrocannabinols and their
stereochemical variants in Schedule I.

At its thirty-third meeting (September 2002), the WHO Committee
issued another evaluation of the drug and recommended that THC be
moved to Schedule IV, stating:

The abuse liability of dronabinol
(delta-9-tetrahydrocannabinol) is expected to remain very low so
long as cannabis continues to be readily available. The Committee
considered that the abuse liability of dronabinol does not
constitute a substantial risk to public health and society. In
accordance with the established scheduling criteria, the Committee
considered that dronabinol should be rescheduled to schedule IV of
the 1971 Convention on Psychotropic Substances.

No action was taken on this recommendation. And at its
thirty-fourth meeting the WHO Committee recommended that THC be
moved instead to Schedule III. In 2007 the Commission on Narcotic
Drugs decided not to vote on whether to re-schedule THC, and they
requested that the WHO make another review when more information is
available.[23]

2C-B
(4-Bromo-2,5-dimethoxyphenethylamine)

2C-B is a psychedelicphenethylamine, with a similar structure
and effects as mescaline. At its thirty-second (September
2000) meeting the WHO Expert Committee on Drug Dependence
recommended that 2C-B be placed in Schedule II, rather than with
other scheduled psychedelics in Schedule I.[24]

Without citing any actual evidence of harm from 2C-B, the
Committee warned, "The altered state of mind induced by
hallucinogens such as 2C-B may result in harm to the user and to
others."

From the WHO Expert Committee assessment of 2C-B:

At high doses it is a strong hallucinogen, producing
particularly marked visual hallucinations with an intense colour
play, intriguing patterns emerging on surfaces and distortions of
objects and faces. 2C-B is also reported to enhance sexual
feelings, perception and performance.... Apart from its
controversial experimental use in psychotherapy, 2C-B, like most
other hallucinogens, does not have any known therapeutic
usefulness.... The Committee noted, however, that hallucinogens are
rarely associated with compulsive use and that abuse of 2C-B has
been infrequent, suggesting that the drug is likely to constitute a
substantial, rather than an especially serious, risk to public
health. For these reasons, the Committee recommended that 2C-B be
placed in Schedule II of the 1971 Convention.

Medical and scientific
uses

Like the Single Convention, the Convention on Psychotropic
Substances recognizes scientific and medical use of psychoactive
drugs, while banning other uses. Article
7 provides that,

In respect of substances in Schedule I, the Parties shall:
(a) Prohibit all use except for scientific and very limited medical
purposes by duly authorized persons, in medical or scientific
establishments which are directly under the control of their
Governments or specifically approved by them.

In this sense, the U.S. Controlled Substances Act is
stricter than the Convention requires. Both have a tightly
restricted category of drugs called Schedule I, but the US Act
restricts medical use of Schedule I substances to research studies,
while the Convention allows broader, but limited, medical use of
Schedule I substances.

Psychedelic plants and
fungi

Article 32 makes an exception for peyote and other "plants growing wild which
contain psychotropic substances from among those in Schedule I and
which are traditionally used by certain small, clearly determined
groups in magical or religious rites", to protect such use in the
case that such plants themselves were in the future be added to
Schedule I.

Several of the substances originally placed in Schedule I are psychedelic drugs which
are contained in natural plants and fungi (such as peyote, Psilocybe mushrooms) and which have long been
used in religious or healing rituals. The Commentary notes the
"Mexican Indian Tribes Mazatecas, Huicholes and Tarahumaras" as well as the "Kariri and Pankararu of eastern
Brazil" as examples of societies that use such plants.

Article
32, paragraph 4 allows for States, at the time of signature,
ratification or accession, to make a reservation noting an
exemption for

plants growing wild which contain psychotropic substances
from among those in Schedule I and which are traditionally used by
certain small, clearly determined groups in magical or religious
rites.

However, the official Commentary on the Convention on
Psychotropic Substances makes it clear that psychedelic plants
(and indeed any plants) were not included in the original Schedules
and are not covered at all by the Convention. This includes
"infusion of the roots" of Mimosa hostilis
(which contains DMT) and "beverages" made from Psilocybe mushrooms (which
contain psilocybin).
The purpose of Paragraph 4 of Article 32 was to allow States to
"make a reservation assuring them the right to permit the
continuation of the traditional use in question" in the case that
plants were in the future added to the Schedule I. Currently, no
plants or plant products are included in the Schedules of the 1971
Convention.

Commentary 32-12: It may be pointed out that at the time of
this writing the continued toleration of the use of hallucinogenic
substances which the 1971 Conference had in mind would not require
a reservation under paragraph 4. Schedule I does not list any of
the natural hallucinogenic materials in question, but only chemical
substances which constitute the active principles contained in
them. The inclusion in Schedule I of the active principle of a
substance does not mean that the substance itself is also included
therein if it is a substance clearly distinct from the substance
constituting its active principle. This view is in accordance with
the traditional understanding of that question in the field of
international drug control. Neither the crown (fruit, mescal
button) of the Peyote cactus nor the roots of the plant Mimosa
hostilis [Footnote: "An infusion of the roots is used"] nor
Psilocybe mushrooms [Footnote: "Beverages made from such mushrooms
are used"] themselves are included in Schedule I, but only their
respective active principles, mescaline, DMT and psilocybine
(psilocine, psilotsin).

Commentary 32-13: It can however not be excluded that the
fruit of the Peyote cactus, the roots of Mimosa hostilis, Psilocybe
mushrooms or other hallucinogenic plant parts used in traditional
magical or religious rites will in the future be placed in Schedule
I by the operation of article 2, at a time at which the State
concerned, having already deposited its instrument of ratification
or accession, could no longer make the required reservation. It is
submitted that Parties may under paragraph 4 make a reservation
assuring them the right to permit the continuation of the
traditional use in question in the case of such future actions by
the Commission.

As you are aware, mushrooms containing the above substances are
collected and abused for their hallucinogenic effects. As a matter
of international law, no plants (natural material) containing
psilocine and psilocybin are at present controlled under the
Convention on Psychotropic Substances of 1971. Consequently,
preparations made of these plants are not under
international control and, therefore, not subject of the articles
of the 1971 Convention. It should be noted, however, that
criminal cases are decided with reference to domestic law, which
may otherwise provide for controls over mushrooms containing
psilocine and psilocybin. As the Board can only speak as to the
contours of the international drug conventions, I am unable to
provide an opinion on the litigation in question.

In the discussions on Article
32, paragraph 4, noted in the Official Record of the 1971
Conference, the representative from the United States supported the explicit
exemption of sacred psychoactive substances, stating: "Substances
used for religious services should be placed under national rather
than international control", while the representative of the Holy See observed: "If
exemptions were made in favour of certain ethnic groups, there
would be nothing to prevent certain organizations of hippies
from trying to make out, on religious grounds, that their
consumption of psychotropic substances was permissible."[27]

Organic
plants

The Commentary on the Convention on Psychotropic Substances
notes that while many plant-derived chemicals are controlled by the
treaty, the plants themselves are not:[28]

Psilocybin mushrooms are not controlled
by the Convention, but the drugs contained in them are.

The term "synthetic" appears to refer to a psychotropic
substance manufactured by a process of full chemical synthesis. One
may also assume that the authors of the Vienna Convention intended
to apply the term "natural material" to parts of a plant which
constitute a psychotropic substance, and the term "natural
psychotropic substance" to a substance obtained directly from a
plant by some process of manufacturing which was relatively simple,
and in any event much simpler than a process of full chemical
synthesis.

(...)

Cultivation of plants for the purpose of obtaining
psychotropic substances or raw materials for the manufacture of
such substances is not "manufacture" in the sense of Article
1, paragraph (i). Many provisions of the Vienna Convention
governing psychotropic substances would be unsuitable for
application to cultivation. The harvesting of psychotropic
substances, i.e. separation of such substances from the plants from
which they are obtained, is "manufacture".

(...)

The cultivation of plants from which psychotropic
substances are obtained is not controlled by the Vienna Convention.
(...) Neither the crown (fruit, mescal button) of the Peyote cactus nor the roots of
the plant Mimosa hostilis nor Psilocybe mushrooms themselves are
included in Schedule 1, but only their respective principles, Mescaline, DMT and
Psilocybin.

Mexico, in particular,
argued that "production" of psychotropic drugs should not apply to
wild-growing plants such as peyote cacti or psilocybin mushrooms. The Bulletin on Narcotics noted that
"Mexico could not undertake to eradicate or destroy these
plants".[12]
Compared to the Single Convention on
Narcotic Drugs (which calls for "uprooting of all coca bushes
which grow wild" and governmental licensing, purchasing, and
wholesaling of licit opium, coca, and cannabis crops), the
Convention on Psychotropic Substances devotes few words to the
subject of psychoactive plants.

On July 2, 1987, the United States Assistant Secretary of Health
recommended that the Drug Enforcement
Administration initiate scheduling action under the Controlled Substances Act in
order to implement restrictions required by cathinone's Schedule I status under the
Convention. The 1993 DEA rule placing cathinone in the CSA's
Schedule I noted that it was effectively also banning khat:[29]

Cathinone is the major psychoactive component of the plant
Catha edulis (khat). The young leaves of khat are chewed for a
stimulant effect. Enactment of this rule results in the placement
of any material which contains cathinone into Schedule I.

Precursors

Article
2, in paragraph 4 of the original text, carried over the
concept in Article
3 (3) (iii) of the Single Convention, and required the
application to a "precursor " – i.e. a substance "readily
convertible" into a substance under control – of measures of
control. In Vienna the complexity of controlling precursors of
psychotropic substances was agreed to be so overwhelming that no
absolute obligation to control them was provided. The new article 2
in paragraph 9 asks Parties "to use their best endeavours" to apply
"such measures of supervision as may be practicable" to substances
which may be used in the illicit manufacture of psychotropic
substances, i.e. their precursors and possibly also substances
essential in the chemistry of manufacture.

Analogs

Circa 1999, the Government of Spain proposed amending Schedules
I and II to include isomers,
esters, ethers, salts of isomers, esters and ethers, and
any "substance resulting from modification of the chemical
structure of a substance already in Schedule I or II and which
produced pharmacological effects similar to those produced by the
original substances".[31] The
WHO opposed this change. The Commission on Narcotic
Drugs did amend the Schedules to include stereoisomers, however, with the
understanding that "specific isomers that did not have hazardous
pharmacological activity and that posed no danger to society could
be excluded from control, as dextromethorphan had been in the case
of Schedule I of the 1961 Convention."

Penal
provisions

LSD and equipment used in its manufacture
are subject to seizure under Article 22.

1. (a) Subject to its constitutional limitations, each
Party shall treat as a punishable offence, when committed
intentionally, any action contrary to a law or regulation adopted
in pursuance of its obligations under this Convention, and shall
ensure that serious offences shall be liable to adequate
punishment, particularly by imprisonment or other penalty of
deprivation of liberty.

1. (b) Notwithstanding the preceding sub-paragraph, when
abusers of psychotropic substances have committed such offences,
the Parties may provide, either as an alternative to conviction or
punishment or in addition to punishment, that such abusers undergo
measures of treatment, education, after-care, rehabilitation and
social reintegration in conformity with paragraph 1 of article
20.

Conspiracy, attempts, preparatory
acts, and financial operations related to drug offenses are also
called on to be criminalized. Parties are also asked to count
convictions handed down by foreign governments in determining recidivism. Article 22
also notes that extradition treaties are "desirable",
although a nation retains the right to refuse to grant extradition,
including "where the competent authorities consider that the
offence is not sufficiently serious."

As with all articles of the Convention on Psychotropic
Substances, the provisions of Article 22 are only suggestions which
do not override the domestic law of the member countries:

4. The provisions of this article shall be subject to the
provisions of the domestic law of the Party concerned on questions
of jurisdiction.

5. Nothing contained in this article shall affect the
principle that the offences to which it refers shall be defined,
prosecuted and punished in conformity with the domestic law of a
Party.

Treatment and prevention

Article
22 allows Parties, in implementing the Convention's penal
provisions, to make exceptions for drug abusers by substituting
"treatment, education, after-care, rehabilitation and social
reintegration" for imprisonment. This reflects a shift in
focus in the war on drugs from incarceration to treatment and
prevention that had already begun to take hold by 1971. Indeed, in
1972, a parallel provision allowing treatment for drug abusers was
added to the Single Convention on Narcotic Drugs by the Protocol
Amending the Single Convention on Narcotic Drugs.

Article
20 mandates drug treatment, education, and prevention measures
and requires Parties to assist efforts to "gain an understanding of
the problems of abuse of psychotropic substances and of its
prevention" and to "promote such understanding among the general
public if there is a risk that abuse of such substances will become
widespread." To comply with these provisions, most Parties
financially support organizations and agencies dedicated to these
goals. The United States, for instance, established the National Institute on Drug
Abuse in 1974 to comply with the research requirement and began
sponsoring Drug Abuse Resistance
Education in 1983 to help fulfill the educational and
prevention requirements.

Recent
trends

Rise in stimulant
trafficking

Since the mid-1980s the world has faced a wave of synthetic
stimulant abuse, with approximately nine times the quantity seized
in 1993 than in 1978, equivalent to an average annual increase of
16 per cent. The principle synthetic drugs manufactured
clandestinely are the amphetamine-type stimulants (ATS) which
include the widely abused amphetamine and methamphetamine, as well as the more
recently popularised methylenedioxymethamphetamine (MDMA), known
as ecstasy." It is estimated that throughout the world 30,000,000,
people use ATS. This is 0.5 per cent of the global population and
exceeds the number using heroin and probably those using cocaine.

A 1998 UN General Assembly Special Session on the World Drug
Problem report noted:[33]

Between 1971 and 1995, there was a nearly fivefold increase
in the number of amphetamine-type stimulants under international
control. . . ecstasy and related designer drugs are
under schedule one of the 1971 Convention, because they have
virtually no medical use, while amphetamine and methamphetamine are under schedule 2
because they began life with medical use. But even though they are
scheduled, the system is not really working for these illegally
produced drugs. One of the main limitations of the control system
is that the Psychotropic Convention was not designed to control
illicit markets. It was designed to control and regulate legitimate
pharmaceutical markets to prevent their diversion into illicit markets.

The report mentioned proposals to increase the flexibility of
scheduling drugs under the Convention and to amend the drug-control
treaties to make them more responsive to the current situation.
Neither proposal has gained traction, however. Due to the ease of
manufacturing methamphetamine, methcathinone, and certain other
stimulants, control measures are focusing less on preventing drugs
from crossing borders. Instead, they are centering around
increasingly long prison sentences for manufacturers and
traffickers as well as regulations on large purchases of precursors such as ephedrine and pseudoephedrine. The International
Narcotics Control Board and Commission on Narcotic Drugs help
coordinate this fight by adding additional precursors to the Tables
of chemicals controlled under the
United Nations Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances.

In 1997, ECOSOC called on nations to help enforce international
law by cooperating "with relevant international organizations, such
as the International Criminal Police Organization
and the World Customs Organization .
. . in order to promote coordinated international action in the
fight against illicit demand for and supply of amphetamine-type
stimulants and their precursors." That resolution also called on
governments overseeing precursor exports "to inquire with the
authorities of importing States about the legitimacy of
transactions of concern, and to inform the International Narcotics
Control Board of the action taken, particularly when they do not
receive any reply to their inquiries".[34]

Crystal meth has emerged as a commonly
abused drug, from the American
and European rave scenes to East Asia.

Pockets of high-intensity clandestine production and
trafficking, such as rural southwest Virginia, exist in most industrialized
nations. However, the United Nations
Office on Drugs and Crime believes that East Asia (particularly Thailand) now has the most serious
amphetamine-type stimulant (ATS) problem in the world. A 2002
report by that agency noted:[35]

For many countries the problem of ATS is relatively new,
growing quickly and unlikely to go away. The geographical spread is
widening. . . Abuse is increasingly concentrated among younger
populations, who generally and erroneously believe that the
substances are safe and benign. The abuse of ATS is threatening to
become part of mainstream culture. The less optimistic suggest that
ATS is already embedded in normative young adult behavior to such
an extent that it will be very difficult to change, not
withstanding the issues of physical, social and economic
damage.

The Office called on nations to bring more resources to bear in
the demand
reduction effort, improving treatment and rehabilitation processes,
increasing private sector participation in eliminating drugs from
the workplace, and expanding the drug information clearing house to
share information more effectively.

Canadian
noncompliance

In 2000, the International
Narcotics Control Board chastised Canada for refusing to comply
with the Convention's requirement that international transactions
in controlled psychotropics be reported to the Board. INCB
Secretary Herbert Schaepe said:[36]

From Canada there is just a big, black hole. We don't know
what is going into the country, nor coming out. We cannot monitor
the international movement of these substances, which is our
mandate. The lack of controls in Canada means that they could be
destined for fake companies that will divert them into the hands of
traffickers. Traffickers in third countries could be getting them
through Canada. Normally, Canada has a very good reputation for
fulfilling its international obligations, but here it is just
breaking the treaty – a treaty that it ratified a long time ago. It
is very disturbing.

To a Board already worried by European experiments with harm reduction
and cannabis liberalization, the quiet Canadian defiance of treaty
obligations seemed to be another fissure in the foundation of
global drug control.

Licit drug
problems

In an unusual departure from its normally pro-industry leanings,
the INCB issued a press release in 2001 warning of excessive use of
licit psychotropics:

. . . the Board points to loose regulation, unreliable
estimates and information regarding medical needs, aggressive
marketing techniques and improper or even unethical prescription
practices as the main reasons for the oversupply of such controlled
substances as benzodiazepines and various amphetamine
type stimulants. Easy availability leads to overconsumption of such
substances, either in the form of drug abuse or by fuelling a
culture of drug-taking to deal with a variety of non-medical
problems. . . Insomnia, anxiety, obesity and child hyperactivity as
well as various kinds of pain are listed among the most common
problems to be treated by prescribing psychotropic substances. The
Board is especially concerned that preference is given to quick
solutions without looking at the long-term effects, as prolonged,
excessive consumption of such drugs could result in dependency and
other physical and mental suffering.

The Board also warned that the Internet provides "easy access to information
on drug production and drug-taking," calling it "a growing source
of on-line drug trafficking." The Board pointed out
that some Internet suppliers sell controlled drugs without regard
to the Convention's medical prescription
requirements.[37]

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PREAMBLE

Noting with concern the public health and social problems
resulting from the abuse of certain psychotropic substances,

Determined to prevent and combat abuse of such substances and
the illicit traffic to which it gives rise,

Considering that rigorous measures are necessary to restrict the
use of such substances to legitimate purposes,

Recognizing that the use of psychotropic substances for medical
and scientific purposes is indispensable and that their
availability for such purposes should not be unduly restricted,

Believing that effective measures against abuse of such
substances require co-ordination and universal action,

Acknowledging the competence of the United Nations in the field
of control of psychotropic substances and desirous that the
international organs concerned should be within the framework of
that Organization,

Recognizing that an international convention is necessary to
achieve these purposes,

Agree as follows:

Article
1: USE OF TERMS

Except where otherwise expressly indicated, or where the context
otherwise requires, the following terms in this Convention have the
meanings given below:

(a) "Council" means the Economic and Social Council of the
United Nations.

(b) "Commission" means the Commission on Narcotic Drugs of the
Council.

(c) "Board" means the International Narcotics Control Board
provided for in the Single Convention on Narcotic Drugs, 1961.

(d) "Secretary-General" means the Secretary-General of the
United Nations.

(e) "Psychotropic substance" means any substance, natural or
synthetic, or any natural material in Schedule I, II, Ill or
IV.

(f) "Preparation" means:

(i) Any solution or mixture, in whatever physical state,
containing one or more psychotropic substances, or

(h) "Export" and "import" mean in their respective connotations
the physical transfer of a psychotropic substance from one State to
another State.

(i) "Manufacture" means all processes by which psychotropic
substances may be obtained, and includes refining as well as the
transformation of psychotropic substances into other psychotropic
substances. The term also includes the making of preparations other
than those made on prescription in pharmacies.

(j) "Illicit traffic" means manufacture of or trafficking in
psychotropic substances contrary to the provisions of this
Convention.

(k) "Region" means any part of a State which pursuant to article
28 is treated as a separate entity for the purposes of this
Convention.

(l) "Premises" means buildings or parts of buildings, including
the appertaining land.

Article 2: SCOPE OF
CONTROL OF SUBSTANCES

1. If a Party or the World Health Organization has information
relating to a substance not yet under international control which
in its opinion may require the addition of that substance to any of
the Schedules of this Convention, it shall notify the
Secretary-General and furnish him with the information in support
of that notification. The foregoing procedure shall also apply when
a Party or the World Health Organization has information justifying
the transfer of a substance from one Schedule to another among
those Schedules, or the deletion of a substance from the
Schedules.

2. The Secretary-General shall transmit such notification, and
any information which he considers relevant, to the Parties, to the
Commission and, when the notification is made by a Party, to the
World Health Organization.

3. If the information transmitted with such a notification
indicates that the substance is suitable for inclusion in Schedule
I or Schedule II pursuant to paragraph 4, the Parties shall
examine, in the light of all information available to them, the
possibility of the provisional application to the substance of all
measures of control applicable to substances in Schedule I or
Schedule II, as appropriate.

4. If the World Health Organization finds:

(a) That the substance has the capacity to produce

(i)

(1) A state of dependence, and

(2) Central nervous system stimulation or depression, resulting
in hallucinations or disturbances in motor function or thinking or
behaviour or perception or mood,

or

(ii) Similar abuse and similar ill effects as a substance in
Schedule I, II, III or IV, and

(b) That there is sufficient evidence that the substance is
being or is likely to be abused so as to constitute a public health
and social problem warranting the placing of the substance under
international control,

the World Health Organization shall communicate to the
Commission an assessment of the substance, including the extent or
likelihood of abuse, the degree of seriousness of the public health
and social problem and the degree of usefulness of the substance in
medical therapy, together with recommendations on control measures,
if any, that would be appropriate in the light of its
assessment.

5. The Commission, taking into account the communication from
the World Health Organization, whose assessments shall be
determinative as to medical and scientific matters, and bearing in
mind the economic, social, legal, administrative and other factors
it may consider relevant, may add the substance to Schedule I, II,
III or IV. The Commission may seek further information from the
World Health Organization or from other appropriate sources.

6. If a notification under paragraph 1 relates to a substance
already listed in one of the Schedules, the World Health
Organization shall communicate to the Commission its new findings,
any new assessment of the substance it may make in accordance with
paragraph 4 and any new recommendations on control measures it may
find appropriate in the fight of that assessment. The Commission,
taking into account the communication from the World Health
Organization as under paragraph 5 and bearing in mind the factors
referred to in that paragraph, may decide to transfer the substance
from one Schedule to another or to delete it from the
Schedules.

7. Any decision of the Commission taken pursuant to this article
shall be communicated by the Secretary-General to all States
Members of the United Nations, to non-member States Parties to this
Convention, to the World Health Organization and to the Board. Such
decision shall become fully effective with respect to each Party
180 days after the date of such communication, except for any Party
which, within that period, in respect of a decision adding a
substance to a Schedule, has transmitted to the Secretary-General a
written notice that, in view of exceptional circumstances, it is
not in a position to give effect with respect to that substance to
all of the provisions of the Convention applicable to substances in
that Schedule. Such notice shall state the reasons for this
exceptional action. Notwithstanding its notice, each Party shall
apply, as a minimum, the control measures listed below:

(a) A Party having given such notice with respect to a
previously uncontrolled substance added to Schedule 1 shall take
into account, as far as possible, the special control measures
enumerated in article 7 and, with respect to that substance,
shall:

(i) Require licences for manufacture, trade and distribution as
provided in article 8 for substances in Schedule II;

(ii) Require medical prescriptions for supply or dispensing as
provided in article 9 for substances in Schedule II;

(iii) Comply with the obligations relating to export and import
provided in article 12, except in respect to another Party having
given such notice for the substance in question;

(iv) Comply with the obligations provided in article 13 for
substances in Schedule II in regard to prohibition of and
restrictions on export and import;

(v) Furnish statistical reports to the Board in accordance with
paragraph 4 (a) of article 16; and

(vi) Adopt measures in accordance with article 22 for the
repression of acts contrary to laws or regulations adopted pursuant
to the foregoing obligations.

(b) A Party having given such notice with regard to a previously
uncontrolled substance added to Schedule II shall, with respect to
that substance:

(i) Require licences for manufacture, trade and distribution in
accordance with article 8;

(ii) Require medical prescriptions for supply or dispensing in
accordance with article 9;

(iii) Comply with the obligations relating to export and import
provided in article 12, except in respect to another Party having
given such notice for the substance in question;

(iv) Comply with the obligations of article 13 in regard to
prohibition of and restrictions on export and import;

(v) Furnish statistical reports to the Board in accordance with
paragraphs 4 (a), (c) and (d) of article 16; and

(vi) Adopt measures in accordance with article 22 for the
repression of acts contrary to laws or regulations adopted pursuant
to the foregoing obligations.

(c) A Party having given such notice with regard to a previously
uncontrolled substance added to Schedule III shall, with respect to
that substance:

(i) Require licences for manufacture, trade and distribution in
accordance with article 8;

(ii) Require medical prescriptions for supply or dispensing in
accordance with article 9;

(iii) Comply with the obligations relating to export provided in
article 12, except in respect to another Party having given such
notice for the substance in question;

(iv) Comply with the obligations of article 13 in regard to
prohibition of and restrictions on export and import; and

(v) Adopt measures in accordance with article 22 for the
repression of acts contrary to laws or regulations adopted pursuant
to the foregoing obligations.

(d) A Party having given such notice with regard to a previously
uncontrolled substance added to Schedule IV shall, with respect to
that substance:

(i) Require licences for manufacture, trade and distribution in
accordance with article 8;

(ii) Comply with the obligations of article 13 in regard to
prohibition of and restrictions on export and import; and

(iii) Adopt measures in accordance with article 22 for the
repression of acts contrary to laws or regulations adopted pursuant
to the foregoing obligations.

(e) A Party having given such notice with regard to a substance
transferred to a Schedule providing stricter controls and
obligations shall apply as a minimum all of the provisions of this
Convention applicable to the Schedule from which it was
transferred.

8. (a) The decisions of the Commission taken under this article
shall be subject to review by the Council upon the request of any
Party filed within 180 days from receipt of notification of the
decision. The request for review shall be sent to the
Secretary-General together with all relevant information upon which
the request for review is based.

(b) The Secretary-General shall transmit copies of the request
for review and the relevant information to the Commission, to the
World Health Organization and to all the Parties, inviting them to
submit comments within ninety days. All comments received shall be
submitted to the Council for consideration.

(c) The Council may confirm, alter or reverse the decision of
the Commission. Notification of the Council's decision shall be
transmitted to all States Members of the United Nations, to
non-member States Parties to this Convention, to the Commission, to
the World Health Organization and to the Board.

(d) During pendency of the review, the original decision of the
Commission shall, subject to paragraph 7, remain in effect.

9. The Parties shall use their best endeavours to apply to
substances which do not fall under this Convention, but which may
be used in the illicit manufacture of psychotropic substances, such
measures of supervision as may be practicable.

Article 3: SPECIAL PROVISIONS REGARDING THE CONTROL OF
PREPARATIONS

1. Except as provided in the following paragraphs of this
article, a preparation is subject to the same measures of control
as the psychotropic substance which it contains, and, if it
contains more than one such substance, to the measures applicable
to the most strictly controlled of those substances.

2. If a preparation containing a psychotropic substance other
than a substance in Schedule I is compounded in such a way that it
presents no, or a negligible, risk of abuse and the substance
cannot be recovered by readily applicable means in a quantity
liable to abuse, so that the preparation does not give rise to a
public health and social problem, the preparation may be exempted
from certain of the measures of control provided in this Convention
in accordance with paragraph 3.

3. If a Party makes a finding under the preceding paragraph
regarding a preparation, it may decide to exempt the preparation,
in its country or in one of its regions, from any or all of the
measures of control provided in this Convention except the
requirements of:

(a) article 8 (licences), as it applies to manufacture;

(b) article 11 (records), as it applies to exempt
preparations;

(c) article 13 (prohibition of and restrictions on export and
import);

(d) article 15 (inspection), as it applies to manufacture;

(e) article 16 (reports to be furnished by the Parties), as it
applies to exempt preparations; and

(f) article 22 (penal provisions), to the extent necessary for
the repression of acts contrary to laws or regulations adopted
pursuant to the foregoing obligations.

A Party shall notify the Secretary-General of any such decision,
of the name and composition of the exempt preparation, and of the
measures of control from which it is exempted. The
Secretary-General shall transmit the notification to the other
Parties, to the World Health Organization and to the Board.

4. If a Party or the World Health Organization has information
regarding a preparation exempted pursuant to paragraph 3 which in
its opinion may require the termination, in whole or in part, of
the exemption, it shall notify the Secretary-General and furnish
him with the information in support of the notification. The
Secretary-General shall transmit such notification, and any
information which he considers relevant, to the Parties, to the
Commission and, when the notification is made by a Party, to the
World Health Organization. The World Health Organization shall
communicate to the Commission an assessment of the preparation in
relation to the matters specified in paragraph 2, together with a
recommendation of the control measures, if any, from which the
preparation should cease to be exempted. The Commission, taking
into account the communication from the World Health Organization,
whose assessment shall be determinative as to medical and
scientific matters, and bearing in mind the economic, social,
legal, administrative and other factors it may consider relevant,
may decide to terminate the exemption of the preparation from any
or all control measures. Any decision of the Commission taken
pursuant to this paragraph shall be communicated by the
Secretary-General to all States Members of the United Nations, to
non-member States Parties to this Convention, to the World Health
Organization and to the Board. All Parties shall take measures to
terminate the exemption from the control measure or measures in
question within 180 days of the date of the Secretary-General's
communication.

Article 4: OTHER SPECIAL PROVISIONS REGARDING THE SCOPE OF
CONTROL

In respect of psychotropic substances other than those in
Schedule I, the Parties may permit:

(a) The carrying by international travellers of small quantities
of preparations for personal use; each Party shall be entitled,
however, to satisfy itself that these preparations have been
lawfully obtained;

(b) The use of such substances in industry for the manufacture
of non-psychotropic substances or products, subject to the
application of the measures of control required by this Convention
until the psychotropic substances come to be in such a condition
that they will not in practice be abused or recovered;

(c) The use of such substances, subject to the application of
the measures of control required by this Convention, for the
capture of animals by persons specifically authorized by the
competent authorities to use such substances for that purpose.

Article 5: LIMITATION OF USE TO MEDICAL AND SCIENTIFIC
PURPOSES

1. Each Party shall limit the use of substances in Schedule I as
provided in article 7.

2. Each Party shall, except as provided in article 4, limit by
such measures as it considers appropriate the manufacture, export,
import, distribution and stocks of, trade in, and use and
possession of, substances in Schedules II, III and IV to medical
and scientific purposes.

3. It is desirable that the Parties do not permit the possession
of substances in Schedules II, Ill and IV except under legal
authority.

Article 6: SPECIAL
ADMINISTRATION

It is desirable that for the purpose of applying the provisions
of this Convention, each Party establish and maintain a special
administration, which may with advantage be the same as, or work in
close co-operation with, the special administration established
pursuant to the provisions of conventions for the control of
narcotic drugs.

Article 7: SPECIAL PROVISIONS REGARDING SUBSTANCES IN SCHEDULE
1

In respect of substances in Schedule I, the Parties shall:

(a) Prohibit all use except for scientific and very limited
medical purposes by duly authorized persons, in medical or
scientific establishments which are directly under the control of
their Governments or specifically approved by them;

(b) Require that manufacture, trade, distribution and possession
be under a special licence or prior authorization;

(c) Provide for close supervision of the activities and acts
mentioned in paragraphs (a) and (b);

(d) Restrict the amount supplied to a duly authorized person to
the quantity required for his authorized purpose;

(e) Require that persons performing medical or scientific
functions keep records concerning the acquisition of the substances
and the details of their use, such records to be preserved for at
least two years after the last use recorded therein; and

(f) Prohibit export and import except when both the exporter and
importer are the competent authorities or agencies of the exporting
and importing country or region, respectively, or other persons or
enterprises which are specifically authorized by the competent
authorities of their country or region for the purpose. The
requirements of paragraph 1 of article 12 for export and import
authorizations for substances in Schedule II shall also apply to
substances in Schedule I.

Article 8:
LICENCES

1. The Parties shall require that the manufacture of, trade
(including export and import trade) in, and distribution of
substances listed in Schedules II, Ill and IV be under licence or
other similar control measure.

2. The Parties shall:

(a) Control all duly authorized persons and enterprises carrying
on or engaged in the manufacture of, trade (including export and
import trade) in, or distribution of substances referred to in
paragraph 1;

(b) Control under licence or other similar control measure the
establishments and premises in which such manufacture, trade or
distribution may take place; and

(c) Provide that security measures be taken with regard to such
establishments and premises in order to prevent theft or other
diversion of stocks.

3. The provisions of paragraphs 1 and 2 of this article relating
to licensing or other similar control measures need not apply to
persons duly authorized to perform and while performing therapeutic
or scientific functions.

4. The Parties shall require that all persons who obtain
licences in accordance with this Convention or who are otherwise
authorized pursuant to paragraph 1 of this article or sub-paragraph
(b) of article 7 shall be adequately qualified for the effective
and faithful execution of the provisions of such laws and
regulations as are enacted in pursuance of this Convention.

Article
9: PRESCRIPTIONS

1. The Parties shall require that substances in Schedules II,
III and IV be supplied or dispensed for use by individuals pursuant
to medical prescription only, except when individuals may lawfully
obtain, use, dispense or administer such substances in the duly
authorized exercise of therapeutic or scientific functions.

2. The Parties shall take measures to ensure that prescriptions
for substances in Schedules II, III and IV are issued in accordance
with sound medical practice and subject to such regulation,
particularly as to the number of times they may be refilled and the
duration of their validity, as will protect the public health and
welfare.

3. Notwithstanding paragraph 1, a Party may, if in its opinion
local circumstances so require and under such conditions, including
record-keeping, as it may prescribe, authorize licensed pharmacists
or other licensed retail distributors designated by the authorities
responsible for public health in its country or part thereof to
supply, at their discretion and without prescription, for use for
medical purposes by individuals in exceptional cases, small
quantities, within limits to be defined by the Parties, of
substances in Schedules III and IV.

Article
10: WARNINGS ON PACKAGES, AND ADVERTISING

1. Each Party shall require, taking into account any relevant
regulations or recommendations of the World Health Organization,
such directions for use, including cautions and warnings, to be
indicated on the labels where practicable and in any case on the
accompanying leaflet of retail packages of psychotropic substances,
as in its opinion are necessary for the safety of the user.

2. Each Party shall, with due regard to its constitutional
provisions, prohibit the advertisement of such substances to the
general public.

Article 11:
RECORDS

1. The Parties shall require that, in respect of substances in
Schedule 1, manufactures and all other persons authorized under
article 7 to trade in and distribute those substances keep records,
as may be determined by each Party, showing details of the
quantities manufactured, the quantities held in stock, and, for
each acquisition and disposal, details of the quantity, date,
supplier and recipient.

2. The Parties shall require that, in respect of substances in
Schedules II and III, manufacturers, wholesale distributors,
exporters and importers keep records, as may be determined by each
Party, showing details of the quantities manufactured and, for each
acquisition and disposal, details of the quantity, date, supplier
and recipient.

3. The Parties shall require that, in respect of substances in
Schedule II, retail distributors, institutions for hospitalization
and care and scientific institutions keep records, as may be
determined by each Party, showing, for each acquisition and
disposal, details of the quantity, date, supplier and
recipient.

4. The Parties shall ensure, through appropriate methods and
taking into account the professional and trade practices in their
countries, that information regarding acquisition and disposal of
substances in Schedule III by retail distributors, institutions for
hospitalization and care and scientific institutions is readily
available.

5. The Parties shall require that, in respect of substances in
Schedule IV, manufacturers, exporters and importers keep records,
as may be determined by each Party, showing the quantities
manufactured, exported and imported.

6. The Parties shall require manufacturers of preparations
exempted under paragraph 3 of article 3 to keep records as to the
quantity of each psychotropic substance used in the manufacture of
an exempt preparation, and as to the nature, total quantity and
initial disposal of the exempt preparation manufactured
therefrom.

7. The Parties shall ensure that the records and information
referred to in this article which are required for purposes of
reports under article 16 shall be preserved for at least two
years.

Article
12: PROVISIONS RELATING TO INTERNATIONAL TRADE

1. (a) Every Party permitting the export or import of substances
in Schedule I or II shall require a separate import or export
authorization, on a form to be established by the Commission, to be
obtained for each such export or import whether it consists of one
or more substances.

(b) Such authorization shall state the international
non-proprietary name, or, lacking such a name, the designation of
the substance in the Schedule, the quantity to be exported or
imported, the pharmaceutical form, the name and address of the
exporter and importer, and the period within which the export or
import must be effected. If the substance is exported or imported
in the form of .a preparation, the name of the preparation, if any,
shall additionally be furnished. The export authorization shall
also state the number and date of the import authorization and the
authority by whom it has been issued.

(c) Before issuing an export authorization the Parties shall
require an import authorization, issued by the competent authority
of the importing country or region and certifying that the
importation of the substance or substances referred to therein is
approved, and such an authorization shall be produced by the person
or establishment applying for the export authorization.

(d) A copy of the export authorization shall accompany each
consignment, and the Government issuing the export authorization
shall send a copy to the Government of the importing country or
region.

(e) The Government of the importing country or region, when the
importation has been effected, shall return the export
authorization with an endorsement certifying the amount actually
imported, to the Government of the exporting country or region.

2. (a) The Parties shall require that for each export of
substances in Schedule III exporters shall draw up a declaration in
triplicate, on a form to be established by the Commission,
containing the following information:

(i) The name and address of the exporter and importer;

(ii) The international non-proprietary name, or, failing such a
name, the designation of the substance in the Schedule;

(iii) The quantity and pharmaceutical form in which the
substance is exported, and, if in the form of a preparation, the
name of the preparation, if any; and

(iv) The date of despatch.

(b) Exporters shall furnish the competent authorities of their
country or region with two copies of the declaration. They shall
attach the third copy to their consignment.

(c) A Party from whose territory a substance in Schedule III has
been exported shall, as soon as possible but not later than ninety
days after the date of despatch, send to the competent authorities
of the importing country or region, by registered mail with return
of receipt requested, one copy of the declaration received from the
exporter.

(d) The Parties may require that, on receipt of, the
consignment, the importer shall transmit the copy accompanying the
consignment, duly endorsed stating the quantities received and the
date of receipt, to the competent authorities of his country or
region.

3. In respect of substances in Schedules I and II the following
additional provisions shall apply:

(a) The Parties shall exercise in free ports and zones the same
supervision and control as in other parts of their territory,
provided, however, that they may apply more drastic measures.

(b) Exports of consignments to a post office box, or to a bank
to the account of a person other than the person named in the
export authorization, shall be prohibited.

(c) Exports to bonded warehouses of consignments of substances
in Schedule I are prohibited. Exports of consignments of substances
in Schedule II to a bonded warehouse are prohibited unless the
Government of the importing country certifies on the import
authorization, produced by the person or establishment applying for
the export authorization, that it has approved the importation for
the purpose of being placed, in a bonded warehouse. In such case
the export authorization shall certify that the consignment is
exported for such purpose. Each withdrawal from the bonded
warehouse shall require a permit from the authorities having
jurisdiction over the warehouse and, in the case of a foreign
destination, shall be treaties as if it were a new export within
the meaning of this Convention.

(d) Consignments entering or leaving the territory of a Party
not accompanied by an export authorization shall be detained by the
competent authorities.

(e) A Party shall not permit any substances consigned to another
country to pass through its territory, whether or not the
consignment is removed from the conveyance in which it is carried,
unless a copy of the export authorization for consignment is
produced to the competent authorities of such Party.

(f) The competent authorities of any country or region through
which a consignment of substances is permitted to pass shall take
all due measures to prevent the diversion of the consignment to a
destination other than that named in the accompanying copy of the
export authorization, unless the Government of the country or
region through which the consignment is passing authorizes the
diversion. The Government of the country or region of transit shall
treat any requested diversion as if the diversion were an export
from the country or region of transit to the country or region of
new destination. If the diversion is authorized, the provisions of
paragraph 1 (e) shall also apply between the country or region of
transit and the country or region which originally exported the
consignment.

(g) No consignment of substances, while in transit or whilst
being stored in a bonded warehouse, may be subjected to any process
which would change the nature of the substance in question. The
packing may not be altered without the permission of the competent
authorities.

(h) The provisions of sub-paragraphs (e) to (g) relating to the
passage of substances through the territory of a Party do not apply
where the consignment in question is transported by aircraft which
does not land in the country or region of transit. If the aircraft
lands in any such country or region, those provisions shall be
applied so far as circumstances require.

(i) The provisions of this paragraph are without prejudice to
the provisions of any international agreements which limit the
control which may be exercised by any of the Parties over such
substances in transit.

Article 13: PROHIBITION OF AND RESTRICTIONS ON EXPORT AND
IMPORT

1. A Party may notify all the other Parties through the
Secretary-General that it prohibits the import into its country or
into one of its regions of one or more substances in Schedule II,
III or IV, specified in its notification. Any such notification
shall specify the name of the substance as designated in Schedule
II, III or IV.

2. If a Party has been notified of a prohibition pursuant to
paragraph 1, it shall take measures to ensure that none of the
substances specified in the notification is exported to the country
or one of the regions of the notifying Party.

3. Notwithstanding the provisions of the preceding paragraphs, a
Party which has given notification pursuant to paragraph 1 may
authorize by special import licence in each case the import of
specified quantities of the substance in question or preparations
containing such substances. The issuing authority of the importing
country shall send two copies of the special import licence
indicating the name and address of the importer and the exporter,
to the competent authority of the exporting country or region,
which may the authorize the exporter to make the shipment. One copy
of the special import licence, duly endorsed by the competent
authority of the exporting country or region, shall accompany the
shipment.

Article 14: SPECIAL PROVISIONS CONCERNING THE CARRIAGE OF
PSYCHOTROPIC SUBSTANCES IN FIRST-AID KITS OF SHIPS, AIRCRAFT OR
OTHER FORMS OF PUBLIC TRANSPORT ENGAGED IN INTERNATIONAL
TRAFFIC

1. The international carriage by ships, aircraft or other forms
of international public transport, such as international railway
trains and motor coaches, of such limited quantities of substances
in Schedule II, III or IV as may be needed during their journey or
voyage for first-aid purposes or emergency cases shall not be
considered to be export, import or passage through a country within
the meaning of this Convention.

2. Appropriate safeguards shall be taken by the country of
registry to prevent the improper use of the substances referred to
in paragraph 1 or their diversion for illicit purposes. The
Commission, in consultation with the appropriate international
organizations, shall recommend such safeguards.

3. Substances carried by ships, aircraft or other forms of
international public transport, such as international railway
trains and motor coaches, in accordance with paragraph 1 shall be
subject to the laws, regulations, permits and licences of the
country of registry, without prejudice to any rights of the
competent local authorities to carry out checks, inspections and
other control measures on board these conveyances. The
administration of such substances in the case of emergency shall
not be considered a violation of the requirements of paragraph 1 of
article 9.

Article
15: INSPECTION

The Parties shall maintain a system of inspection of
manufacturers, exporters, importers, and wholesale and retail
distributors of psychotropic substances and of medical and
scientific institutions which use such substances. They shall
provide for inspections, which shall be made as frequently as they
consider necessary, of the premises and of stocks and records.

Article 16:
REPORTS TO BE FURNISHED BY THE PARTIES

1. The Parties shall furnish to the Secretary-General such
information as the Commission may request as being necessary for
the performance of its functions and in particular an annual report
regarding the working of the Convention in their territories
including information on:

(a) Important changes in their laws and regulations concerning
psychotropic substances; and

(b) Significant developments in the abuse of and the illicit
traffic in psychotropic substances within their territories.

2. The Parties shall also notify the Secretary-General of the
names and addresses of the governmental authorities referred to in
sub-paragraph (f) of article 7, in article 12 and in paragraph 3 of
article 13. Such information shall be made available to all Parties
by the Secretary-General.

3. The Parties shall furnish, as soon as possible after the
event, a report to the Secretary-General in respect of any case of
illicit traffic in psychotropic substances or seizure from such
illicit traffic which they consider important because of:

(a) New trends disclosed;

(b) The quantities involved;

(c) The light thrown on the sources from which the substances
are obtained; or

(d) The methods employed by illicit traffickers.

Copies of the report shall be communicated in accordance with
subparagraph (b) of article 21.

4. The Parties shall furnish to the Board annual statistical
reports in accordance with forms prepared by the Board:

(a) In regard to each substance in Schedules I and II, on
quantities manufactured, exported to and imported from each country
or region as well as on stocks held by manufacturers;

(b) In regard to each substance in Schedules III and IV, on
quantities manufactured, as well as on total quantities exported
and imported;

(c) In regard to each substance in Schedules 11 and III, on
quantities used in the manufacture of exempt preparations; and

(d) In regard to each substance other than a substance in
Schedule I, on quantities used for industrial purposes in
accordance with sub-paragraph (b) of article 4.The quantities
manufactured which are referred to in sub-paragraphs (a) and (b) of
this paragraph do not include the quantities of preparations
manufactured.

5. A Party shall furnish the Board, on its request, with
supplementary statistical information relating to future periods on
the quantities of any individual substance in Schedules III and IV
exported to and imported from each country or region. That Party
may request that the Board treat as confidential both its request
for information and the information given under this paragraph.

6. The Parties shall furnish the information referred to in
paragraphs 1 and 4 in such a manner and by such dates as the
Commission or the Board may request.

Article 17: FUNCTIONS
OF THE COMMISSION

1. The Commission may consider all matters pertaining to the
aims of this Convention and to the implementation of its
provisions, and may make recommendations relating thereto.

2. The decisions of the Commission provided for in articles 2
and 3 shall be taken by a two-thirds majority of the members of the
Commission.

Article 18: REPORTS OF THE
BOARD

1. The Board shall prepare annual reports on its work containing
an analysis of the statistical information at its disposal, and, in
appropriate cases, an account of the explanations, if any, given by
or required of Governments, together with any observations and
recommendations which the Board desires to make. The Board may make
such additional reports as it considers necessary. The reports
shall be submitted to the Council through the Commission, which may
make such comments as it sees fit.

2. The reports of the Board shall be communicated to the Parties
and subsequently published by the Secretary-General. The Parties
shall permit their unrestricted distribution.

Article 19: MEASURES BY THE BOARD TO ENSURE THE EXECUTION OF THE
PROVISIONS OF THE CONVENTION

1. (a) If, on the basis of its examination of information
submitted by governments to the Board or of information
communicated by United Nations organs, the Board has reason to
believe that the aims of this Convention are being seriously
endangered by reason of the failure of a country or region to carry
out the provisions of this Convention, the Board shall have the
right to ask for explanations from the Government of the country or
region in question. Subject to the right of the Board to call the
attention of the Parties, the Council and the Commission to the
matter referred to in sub-paragraph (c) below, it shall treat as
confidential a request for information or an explanation by a
government under this sub-paragraph.

(b) After taking action under sub-paragraph (a), the Board, if
satisfied that it is necessary to do so, may call upon the
Government concerned to adopt such remedial measures as shall seem
under the circumstances to be necessary for the execution of the
provisions of this Convention.

(c) If the Board finds that the Government concerned has failed
to give satisfactory explanations when called upon to do so under
sub-paragraph (a), of has failed to adopt any remedial measures
which it has been called upon to take under sub-paragraph (b), it
may call the attention of the Parties, the Council and the
Commission to the matter.

2. The Board, when calling the attention of the Parties, the
Council and the Commission to a matter in accordance with paragraph
1 (c), may, if it is satisfied that such a course is necessary,
recommend to the Parties that they stop the export, import, or
both, of particular psychotropic substances, from or to the country
or region concerned, either for a designated period or until the
Board shall be satisfied as to the situation in that country or
region. The State concerned may bring the matter before the
Council.

3. The Board shall have the right to publish a report on any
matter dealt with under the provisions of this article, and
communicate it to the Council, which shall forward it to all
Parties. If the Board publishes in this report a decision taken
under this article or any information relating thereto, it shall
also publish therein the views of the Government concerned if the
latter so requests.

4. If in any case a decision of the Board which is published
under this article is not unanimous, the views of the minority
shall be stated.

5. Any State shall be invited to be represented at a meeting of
the Board at which a question directly interesting it is considered
under this article.

6. Decisions of the Board under this article shall be taken by a
two-thirds majority of the whole number of the Board.

7. The provisions of the above paragraphs shall also apply if
the Board has reason to believe that the aims of this Convention
are being seriously endangered as a result of a decision taken by a
Party under paragraph 7 of article 2.

Article 20: MEASURES AGAINST THE ABUSE OF PSYCHOTROPIC
SUBSTANCES

1. The Parties shall take all practicable measures for the
prevention of abuse of psychotropic substances and for the early
identification, treatment, education, after-care, rehabilitation
and social reintegration of the persons involved, and shall
co-ordinate their efforts to these ends.

2. The Parties shall as far as possible promote the training of
personnel in the treatment, after-care, rehabilitation and social
reintegration of abusers of psychotropic substances.

3. The Parties shall assist persons whose work so requires to
gain an understanding of the problems of abuse of psychotropic
substances and of its prevention, and shall also promote such
understanding among the general public if there is a risk that
abuse of such substances will become widespread.

Article 21:
ACTION AGAINST THE ILLICIT TRAFFIC

Having due regard to their constitutional, legal and
administrative systems, the Parties shall:

(a) Make arrangements at the national level for the
co-ordination of preventive and repressive action against the
illicit traffic; to this end they may usefully designate an
appropriate agency responsible for such co-ordination;

(b) Assist each other in the campaign against the illicit
traffic in psychotropic substances, and in particular immediately
transmit, through the diplomatic channel or the competent
authorities designated by the Parties for this purpose, to the
other Parties directly concerned, a copy of any report addressed to
the Secretary-General under article 16 in connexion with the
discovery of a case of illicit traffic or a seizure;

(c) Co-operate closely with each other and with the competent
international organizations of which they are members with a view
to maintaining a co-ordinated campaign against the illicit
traffic;

(d) Ensure that international co-operation between the
appropriate agencies be conducted in an expeditious manner; and

(e) Ensure that, where legal papers are transmitted
internationally for the purpose of judicial proceedings, the
transmittal be effected in an expeditious manner to the bodies
designated by the Parties; this requirement shall be without
prejudice to the right of a Party to require that legal papers be
sent to it through the diplomatic channel.

Article 22: PENAL
PROVISIONS

1. (a) Subject to its constitutional limitations, each Party
shall treat as a punishable offence, when committed intentionally,
any action contrary to a law or regulation adopted in pursuance of
its obligations under this Convention, and shall ensure that
serious offences shall be liable to adequate punishment,
particularly by imprisonment or other penalty of deprivation of
liberty.

(b) Notwithstanding the preceding sub-paragraph, when abusers of
psychotropic substances have committed such offences, the Parties
may provide, either as an alternative to conviction or punishment
or in addition to punishment, that such abusers undergo measures of
treatment, education, after-care, rehabilitation and social
reintegration in conformity with paragraph 1 of article 20.

2. Subject to the constitutional limitations of a Party, its
legal system and domestic law,

(a) (i) If a series of related actions constituting offences
under paragraph 1 has been committed in different countries, each
of them shall be treated as a distinct offence;

(ii) Intentional participation in, conspiracy to commit and
attempts to commit, any of such offences, and preparatory acts and
financial operations in connexion with the offences referred to in
this article, shall be punishable offences as provided in paragraph
1;

(iii) Foreign convictions for such offences shall be taken into
account for the purpose of establishing recidivism; and

(iv) Serious offences heretofore referred to committed either by
nationals or by foreigners shall be prosecuted by the Party in
whose territory the offence was committed, or by the Party in whose
territory the offender is found if extradition is not acceptable in
conformity with the law of the Party to which application is made,
and if such offender has not already been prosecuted and judgement
given.

(b) It is desirable that the offences referred to in paragraph 1
and paragraph 2 (a) (ii) be included as extradition crimes in any
extradition treaty which has been or may hereafter be concluded
between any of the Parties, and, as between any of the Parties
which do not make extradition conditional on the existence of a
treaty or on reciprocity, be recognized as extradition crimes;
provided that extradition shall be granted in conformity with the
law of the Party to which application is made, and that the Party
shall have the right to refuse to effect the arrest or grant the
extradition in cases where the competent authorities consider that
the offence is not sufficiently serious.

3. Any psychotropic substance or other substance, as well as any
equipment, used in or intended for the commission of any of the
offences referred to in paragraphs 1 and 2 shall be liable to
seizure and confiscation.

4. The provisions of this article shall be subject to the
provisions of the domestic law of the Party concerned on questions
of jurisdiction.

5. Nothing contained in this article shall affect the principle
that the offences to which it refers shall be defined, prosecuted
and punished in conformity with the domestic law of a Party.

Article 23: APPLICATION OF STRICTER CONTROL MEASURES THAN THOSE
REQUIRED BY THIS CONVENTION

A Party may adopt more strict or severe measures of control than
those provided by this Convention if, in its opinion, such measures
are desirable or necessary for the protection of the public health
and welfare.

Article 24: EXPENSES OF INTERNATIONAL ORGANS INCURRED IN
ADMINISTERING THE PROVISIONS OF THE CONVENTION

The expenses of the Commission and the Board in carrying out
their respective functions under this Convention shall be borne by
the United Nations in such manner as shall be decided by the
General Assembly. The Parties which are not Members of the United
Nations shall contribute to these expenses such amounts as the
General Assembly finds equitable and assesses from time to time
after consultation with the Governments of these Parties.

1. Members of the United Nations, States not Members of the
United Nations which are members of a specialized agency of the
United Nations or of the International Atomic Energy Agency or
Parties to the Statute of the International Court of Justice, and
any other State invited by the Council, may become Parties to this
Convention:

(a) By signing it; or

(b) By ratifying it after signing it subject to ratification;
or

(c) By acceding to it.

2. The Convention shall be open for signature until 1 January
1972 inclusive. Thereafter it shall be open for accession.

3. Instruments of ratification or accession shall be deposited
with the Secretary-General.

Article 26: ENTRY INTO
FORCE

1. The Convention shall come into force on the ninetieth day
after forty of the States referred to in paragraph 1 of article 25
have signed it without reservation of ratification or have
deposited their instruments of ratification or accession.

2. For any other State signing without reservation of
ratification, or depositing an instrument of ratification or
accession after the last signature or deposit referred to in the
preceding paragraph, the Convention shall enter into force on the
ninetieth day following the date of its signature or deposit of its
instrument of ratification or accession.

Article 27: TERRITORIAL
APPLICATION

The Convention shall apply to all non-metropolitan territories
for the international relations of which any Party is responsible
except where the previous consent of such a territory is required
by the Constitution of the Party or of the territory concerned, or
required by custom. In such a case the Party shall endeavour to
secure the needed consent of the territory within the shortest
period possible, and when the consent is obtained the Party shall
notify the Secretary-General. The Convention shall apply to the
territory or territories named in such a notification from the date
of its receipt by the Secretary General. In those cases where the
previous consent of the non-metropolitan territory is not required,
the Party concerned shall, at the time of signature, ratification
or accession, declare the non-metropolitan territory or territories
to which this Convention applies.

Article
28: REGIONS FOR THE PURPOSES OF THIS CONVENTION

1. Any Party may notify the Secretary-General that, for the
purposes of this Convention, its territory is divided into two or
more regions, or that two or more of its regions are consolidated
into a single region.

2. Two or more Parties may notify the Secretary-General that, as
the result of the establishment of a customs union between them,
those Parties constitute a region for the purposes of this
Convention.

3. Any notification under paragraph 1 or 2 shall take effect on
1 January of the year following the year in which the notification
was made.

Article
29: DENUNCIATION

1. After the expiry of two years from the date of the coming
into force of this Convention any Party may, on its own behalf or
on behalf of a territory for which it has international
responsibility, and which has withdrawn its consent given in
accordance with article 27, denounce this Convention by an
instrument in writing deposited with the Secretary-General.

2. The denunciation, if received by the Secretary-General on or
before the first day of July of any year, shall take effect on the
first day of January of the succeeding year, and if received after
the first day of July it shall take effect as if it had been
received on or before the first day of July in the succeeding
year.

3. The Convention shall be terminated if, as a result of
denunciations made in accordance with paragraphs 1 and 2, the
conditions for its coming into force as laid down in paragraph 1 of
article 26 cease to exist.

Article
30: AMENDMENTS

1. Any Party may propose an amendment to this Convention. The
text of any such amendment and the reasons therefore shall be
communicated to the Secretary-General, who shall communicate them
to the Parties and to the Council. The Council may decide
either:

(a) That a conference shall be called in accordance with
paragraph 4 of Article 62 of the Charter of the United Nations to
consider the proposed amendment; or

(b) That the Parties shall be asked whether they accept the
proposed amendment and also asked to submit to the Council any
comments on the proposal.

2. If a proposed amendment circulated under paragraph 1 (b) has
not been rejected by any Party within eighteen months after it has
been circulated, it shall thereupon enter into force. If however a
proposed amendment is rejected by any Party, the Council may
decide, in the light of comments received from Parties, whether a
conference shall be called to consider such amendment.

Article 31:
DISPUTES

1. If there should arise between two or more Parties a dispute
relating to the interpretation or application of this Convention,
the said Parties shall consult together with a view to the
settlement of the dispute by negotiation, investigation, mediation,
conciliation, arbitration, recourse to regional bodies, judicial
process or other peaceful means of their own choice.

2. Any such dispute which cannot be settled in the manner
prescribed shall be referred, at the request of any one of the
parties to the dispute, to the International Court of Justice for
decision.

Article
32: RESERVATIONS

1. No reservation other than those made in accordance with
paragraphs 2, 3 and 4 of the present article shall be
permitted.

2. Any State may at the time of signature, ratification or
accession make reservations in respect of the following provisions
of the present Convention:

(a) Article 19, paragraphs 1 and 2;

(b) Article 27; and

(c) Article 31.

3. A State which desires to become a Party but wishes to be
authorized to make reservations other than those made in accordance
with paragraphs 2 and 4 may inform the Secretary-General of such
intention. Unless by the end of twelve months after the date of the
Secretary-General's communication of the reservation concerned,
this reservation has been objected to by one third of the States
that have signed without reservation of ratification, ratified or
acceded to this Convention before the end of that period, it shall
be deemed to be permitted, it being understood however that States
which have objected to the reservation need not assume towards the
reserving State any legal obligation under this Convention which is
affected by the reservation.

4. A State on whose territory there are plants growing wild
which contain psychotropic substances from among those in Schedule
I and which are traditionally used by certain small, clearly
determined groups in magical or religious rites, may, at the time
of signature, ratification or accession, make reservations
concerning these plants, in respect of the provisions of article 7,
except for the provisions relating to international trade.

5. A State which has made reservations may at any time by
notification in writing to the Secretary-General withdraw all or
part of its reservations.

Article 33:
NOTIFICATIONS

The Secretary-General shall notify to all the States referred to
in paragraph 1 of article 25:

(a) Signatures, ratifications and accessions in accordance with
article 25;

(b) The date upon which this Convention enters into force in
accordance with article 26;

(c) Denunciations in accordance with article 29; and

(d) Declarations and notifications under articles 27, 28, 30 and
32.

IN WITNESS WHEREOF, the undersigned, duly authorized, have
signed this Convention on behalf of their respective
Governments.

DONE at Vienna, this twenty-first day of February one thousand
nine hundred and seventy-one, in a single copy in the Chinese,
English, French, Russian and Spanish languages, each being equally
authentic. The Convention shall be deposited with the
Secretary-General of the United Nations, who shall transmit
certified true copies thereof to all the Members of the United
Nations and to the other States referred to in paragraph 1 of
article 25.